election petition

Toropo summoned in Ialibu-Pangia petition

Justice Collin Makail issued the orders today on the request of lawyer representing petitioner in the Ialibu-Pangia seat, Stanley Liria.

The petition came for direction hearing today to assist parties prepare themselves for the actual hearing.

The main basis of the petition is the alleged illegal polling on Sunday, which breaches section 130(1)(b) of the Organic Law on National and Local Level Government elections.

Three are three grounds of the petition; illegal practices, bribery and undue influence.

Chan files petition

The petition, filed by Byron Chan, today came for direction hearing where orders were issued for parties to get witness statements prepared and filed for those they intend to call. This is for when the matter goes for trial.

The petition alleges five instances of illegal practice, four instances of bribery and two instances of errors and omission on the part of the Electoral Commission.

Chan is seeking in the petition to have the court declare the election of Walter Schnaubelt null and void.

Election petition on Kavieng seat filed

The petition was filed on Tuesday against the successful candidate Ian Ling-Stuckey.

Ling-Stuckey has been named as the first respondent while the Electoral Commission the second.

The notice of petition has taken effect and each respondent who wishes to defend the petition is to contact the Registrar of the National Court to obtain a copy of the petition.

It will be listed for hearing at a later date.

The National Alliance member was declared the new Member for Kavieng Open on July 20 by Returning Officer, Yuyu Lasbut.

​Kandiu files petition against Parkop

Kandiu revealed that he has in his possession evidence of swapped ballot papers and seals of ballot boxes that were cut through.

Kandiu came out in the media yesterday, inviting NCD Governor Parkop to come and receive the election petition which was filed in court on the 05th of September.

Kandiu came third in the race for the NCD Regional Seat and says the electoral process is systematically rigged and the Electoral Commissioner, Patilias Gamato, should be held responsible.

​Challenging to access tally sheet in election petitions

A lawyer who was involved in 18 election petition matters from 2012 highlighted this when giving lawyer’s perspective on application of petition rules and issues that arise from election petitions.

Christine Copland acted for nine MPs from the 2012 elections in the court of disputed returns.

Six of those matters were successfully dismissed after objections were raised on the competency of the petitions filed, mainly due to incorrect pleadings stated in the petitions, supported by the relevant laws.

Court: Follow process, object ballot boxes first

Justice Collin Makail, when dealing with a number of election-related matters, said most candidates overlook section 153 (a) of the Organic Law on National and Local Level Government elections when disputing ballot boxes during counting.

He told parties involved in two matters disputing ballot boxes in counting in the Hela regional seat, from Koroba-Lake Kopiago area, and the Lae Open seats, to go back, consult the respective returning officers and object the use of the disputed ballot boxes.